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UTAH CITIZENS RATE ASSOCIATION v. UNITED STATES

Civ. No. C-58-60.

192 F.Supp. 12 (1960)

UTAH CITIZENS RATE ASSOCIATION, and Structural Steel & Forge Co., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, The Denver and Rio Grande Western Railroad Company, Union Pacific Railroad Company, Southern Pacific Company, The Western Pacific Railroad Company, Utah Railway Company, Tooele Valley Railway Company, Salt Lake Garfield and Western Railway Company, The Ogden Union Railway and Depot Company, Intervening Defendants.

United States District Court D. Utah, Central Division.

On Motion to Alter or Amend Judgment January 6, 1961.

Attorney(s) appearing for the Case

Calvin L. Rampton (Pugsley, Hayes, Rampton & Watkiss), Salt Lake City, Utah, for plaintiffs.

John H. D. Wigger, Washington, D. C. (Robert A. Bicks, Washington, D. C., and A. Pratt Kesler, Salt Lake City, Utah, with him on the briefs), for defendant, The United States.

C. H. Johns, Jr., Assoc. Gen. Counsel, I. C. C., Washington, D. C. (Robert W. Ginnane, Gen. Counsel, Washington, D. C., with him on the briefs), for the defendant, Interstate Commerce Commission.

A. U. Miner, and L. W. Hobbs, Salt Lake City, Utah (Bryan P. Leverich, Salt Lake City, Utah, Elmer B. Collins, Omaha, Neb., Ernest P. Porter, Denver, Colo., Albert R. Bowen, Arthur A. Allen, Jr., and S. N. Cornwall, Salt Lake City, Utah, with them on the briefs, for intervening defendant carriers.

Before LEWIS, Circuit Judge, and CHRISTENSON and CHILSON, District Judges.

CHRISTENSON, District Judge.

Plaintiffs, pursuant to procedure prescribed in 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, seek by this action to have set aside an order of the Interstate Commerce Commission which requires the railroads operating in Utah to increase, with certain exceptions, Utah intrastate freight rates in correspondence with increased interstate rates approved by the Commission in three nationwide revenue proceedings designated as Ex Parte...

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